The Federal Grand Jury

Written by a federal district judge and former prosecutor who represented clients throughout the country in grand jury related litigation, Federal Grand Jury Practice and Procedure is designed to assist judges, prosecutors, and defense counsel through the complexities of federal grand jury practice and procedure. Concise, thorough, and well organized, Federal Grand Jury Practice and Procedure is an indispensable resource for every lawyer practicing criminal law in federal court today. This guide reveals the inner workings of the federal grand jury, providing you with the most definitive guidance available. It contains an extensive practical discussion and analysis of the Justice Department's Federal Grand Jury Practice Manual. In one volume, the entire grand jury process is covered, including: Grand jury's investigative power; Judiciary's supervisory authority over the grand jury; Prosecutorial misconduct before the grand jury; The grand jury's contempt powers; The grand jury's power to punish for perjury and the obstruction of justice; Grand jury administration; Constitutional and common law privileges before the grand jury; Subject-target procedures before the grand jury; Immunity privileges; Grand jury secrecy requirements; and Grand jury practice in all circuits.

The federal grand jury exists to investigate crimes against the U.S. and to secure the constitutional right of grand jury indictment. Its responsibilities require broad powers. It is an arm of the U.S. District Court which summons it, upon whose process it relies, and which will receive any indictments it returns. Contents of this report: Introduction; Background; Organizational Matters; Jurisdiction; Selection; Tenure; Proceedings Before the Grand Jury; Grand Jury and the Prosecutor; Subpoenas: Common Law Privileges; Constitutional Privileges; Statutory and Other Limitations of Grand Jury Subpoena Authority; Secrecy: Disclosure; Enforcement of Grand Jury Secrecy; Final Grand Jury Action; Indictment; Refusal to Indict; Reports; Discharge.

The recent debate over civil trials or military tribunals for suspected terrorists has focused public attention on the American court system. A cornerstone aspect to the federal courts is the grand jury, which investigates crimes against the United States and secures the constitutional right of grand jury indictment, two responsibilities needing broad powers. A US District Court summons a grand jury, so the jury's jurisdiction is geographically restricted by the court to which it is attached. The grand jury conducts its business in secret, but that independence does not often result in the dismissal of indictments. Although witnesses subpoenaed to appear before the grand jury are not often excused, they do benefit from several legal rights when testifying. This book presents a broad overview of the rules and background of the federal grand jury, a needed service for anyone wishing to understand the American system of justice and its potential use in the war on terror.